Ethics | Copyright in Photography

       Many people who have purchased photos from a professional photographer believe that when they do so, they can do whatever they like with the photos. This is false. The consumer does not purchase the copyright of their photo when they purchase prints of their photos unless they specifically get a legal release. Illegally using a photo definitely hinders the photographer’s profits and livelihood, which is why copyright is an important issue to learn about as a photographer and a customer. Always remember that you need to purchase the copyright release in order to own your photos.

Copyright protects an author’s works from creation, with or without the photographer going to the Copyright Office. Photographer’s copyright gives them permission to copy the photos, distribute the photos, publicly perform or display the photos, and to edit the photos as stated in the Federal Copyright Act of 1976 (KODAK).

The law used to be that when a photographer sells someone their photos, the consumer can then do whatever they would like with them. Since 1979, that rule has been changed and the photographer still owns the copyright to the photos; therefore, the consumer may not copy or print other photos from the purchased photos (KODAK). The photographer holds control of the copy making because it is indeed a “property right” (Understanding).

Many people wonder why this is even a big deal to people and why photographers make a big deal out of it. The answer is simply, economics (KODAK). When a consumer prints off multiples of their photos at home, the photographer is losing the income that they were planning on making off of those photos. Some photographers advise the customer to print their own photos; however, this cannot be done without giving the consumer the proper consent form in order for the printing company to dismiss the copyright issue. Photographers want control over how the prints turn out as well due to the fact that their name is associated with the photos (KODAK). If the photos turn out poorly, an onlooker may believe that that is the product of the photographer, making them unlikely to use their resources.

“Even small levels of infringement-copying a photo without permission-can have a devastating impact on a photographer’s ability to make a living” and can have serious consequences like civil or criminal charges (Understanding). If someone is wanting additional copies of their photos for any reason, the most responsible way of doing it is just simply asking the photographer and working with them. Many photographers are kind people who will work with people on pricing for the simple fact that they did not copyright.

In conclusion, copyright issues are everywhere and are especially in the photography world. Please remember that if you purchase prints, it doesn’t always necessarily mean that you own the copyright to them as well. As a photographer, I ask you to remind your friends and family to just simply ask your photographer for permission and that it is stated to do so in the federal copyright law, “Even ordinary family photos” (KODAK).

 

To read more about this topic, check out:

"KODAK: Copyright Guidelines." KODAK: Copyright Guidelines. N.p., n.d. Web. 09 Apr.             2015.

"Understanding Photographic Copyright | PPA." Understanding Photographic Copyright            | PPA. N.p., n.d. Web. 09 Apr. 2015.

"U.S. Copyright Office - Registration of Published Photographs." U.S. Copyright Office -             Registration of Published Photographs. N.p., n.d. Web. 09 Apr. 2015.